Federal Communications Commission FCC 09-5 Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Appointment of the Defense Commissioner ) ) ) ) ) ) ) PS Docket No. 09-12 ORDER Adopted: January 28, 2009 Released: January 29, 2009 By the Commission: 1. Pursuant to Section 0.181 of the Federal Communications Commission’s (Commission) Rules,1 we hereby appoint Acting Chairman Michael J. Copps to be Defense Commissioner.2 The Defense Commissioner “directs the homeland security, national security and emergency preparedness, and defense activities of the Commission.” The duties and responsibilities of the Defense Commissioner include, inter alia: (1) representing the Commission in interagency matters pertaining to public safety, homeland security, national security, emergency preparedness, disaster management, and defense and related matters, including matters pertaining to continuity of the essential functions of the Commission under emergency conditions; (2) serving as the principal point of contact for the Commission on all matters pertaining to the Department of Homeland Security; (3) serving as a member of the Joint Telecommunications Resources Board (JTRB); (4) developing emergency programs covering service provision by wireless and wireline telecommunications carriers and broadcast, cable, and satellite facilities, as well as radio frequency assignment, investigation, and enforcement; and (5) assuming the duties of the Commission under certain emergencies.3 2. This Order is procedural in nature and pertains to internal organization and delegations of authority, and hence is not subject to the prior notice and effective date provisions of the Administrative Procedure Act.4 1 47 C.F.R. § 0.181. 2 The previous Defense Commissioner was former Chairman Kevin J. Martin. See Appointment of the Defense Commissioner, Order, 20 FCC Rcd 8603 (2005). 3 47 C.F.R. § 0.181. 4 See 5 U.S.C. § 553(b), (d). Federal Communications Commission FCC 09-5 2 3. ACCORDINGLY, IT IS ORDERED, that pursuant to sections 1, 4(i), 303(r) and 706 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 303(r), and 606, and Section 0.181 of the Commission’s rules, 47 C.F.R. § 0.181, Acting Chairman Michael J. Copps is appointed Defense Commissioner EFFECTIVE upon adoption of this Order. FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary